Law's Reach Extends to Jails in U.S.

[Rose Siding]

WASHINGTON — The military tribunals bill signed by President Bush on Tuesday marks the first time the right of habeas corpus has been curtailed by law for millions of people in the United States.

Although debate focused on trials at Guantanamo Bay, the new law also takes away from noncitizens in the U.S. — including more than 12 million permanent residents — the right to go to court if they are declared "unlawful enemy combatants."
...
In early drafts, the bill would have cut off habeas corpus only for unlawful combatants detained "outside the United States" and at Guantanamo Bay. However, the final version deleted that phrase.

Now, it not only bars the men held at Guantanamo Bay from challenging their detention in court, it also closes the courthouse door to noncitizens who are arrested in Los Angeles or Chicago and held by the military as a possible "unlawful enemy combatant." The new law also defines this term broadly to include not just terrorists and fighters, but also people who have "materially supported hostilities against the United States."

Although an American citizen can be arrested as an "enemy combatant," he or she can challenge the government's action in court.

http://www.latimes.com/news/nationworld/nation/la-na-habeas18oct18,0,1856058.story?coll=la-home-nation

[bdamomma]

1. there are no words that I can say right now regarding this

criminal act by this regime. :puke:

[4dsc]

17. I have two..

FUCK OFF AWOLBUSH.. Ok that's three but one is meaningless..

[Q3JR4]

33. Yeah!

in the words of M&M,

FUCK BUSH!

[dubyaD40web]

2. This election year is the most important ever.

We have to stop this madman RIGHT NOW!

[HereSince1628]

3. Well, they could have put all muslims into work camps

with no access to finances or communications simply as a measure to prevent them from any cheritable Islamic activity. Why? Just to protect them from getting into serious trouble, of course.

[rodeodance]

4. congresscritters KNEW this--yet they signed off on it. damm!!

[saigon68]

15. Yes and Hillary Supports torture Too

[rodeodance]

5. "This is an outright slap at the Supreme Court, and it is heading for inva

......But before Tuesday, the principle of habeas corpus meant that anyone thrown into jail in the U.S. had a right to ask a judge for a hearing. They also had a right to go free if the government could not show a legal basis for holding them. The Latin term for "you have the body," habeas corpus is considered one of an accused person's most basic rights.

Many legal scholars predict the law's partial repeal of habeas corpus will be struck down as unconstitutional.

"This is an outright slap at the Supreme Court, and it is heading for invalidation," said Eric M. Freedman, a law professor at Hofstra University and an expert on habeas corpus. "This is a core principle of law that was established by the prisoners who were tossed into the Tower of London by the king, and it was preserved in the Constitution. Now, Congress is saying it doesn't apply to this disfavored group of prisoners."

The new law says: "No court, justice or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined … to have been properly detained as an enemy combatant or is awaiting such determination."

In early drafts, the bill would have cut off habeas corpus only for unlawful combatants detained "outside the United States" and at Guantanamo Bay. However, the final version deleted that phrase.

[ProgressiveEconomist]

12. IMO, Rove doesn't care whether the USSC overturns this political trap.

The timing alone of the Military Commissions Act and its signing IMO are a tipoff that THIS is Rove's "October surprise"? Why was the Torture Bill made top WH priority, when no military operational need dictated that the USSC decision be overridden by Congress by the pre-Election recess?

Why was the signing ceremony scheduled long in advance for exactly three weeks before Election Day? Why are "terra" hysteria Republican ads already targeting Democrats who voted against the Torture Bill (see http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2420634 ).

Republicans have held back tens of millions of dollars for negative ads during the last three weeks of the campaign, and IMO "treason" for opposing the demise of Habeas Corpus and the Geneva Convention will be the main theme.

[alfredo]

36. "or is awaiting such determination" could open the

door to detention without end.

[John Gauger]

41. Or even worse, it gives

the jurisdiction to hear such cases not to judges but to partisan, appointed officials hand-picked by Donald Rumsfeld. In the event that permanent detention is challenged, Rumsfeld's men can simply hear the case and decide in favor of the government, allowing lifelong detention without due process.

[alfredo]

43. Just who will be put in those detention

facilities being built by Halliburton?

[John Gauger]

44. The government says it will be illegal immigrants.

Of course, we can't trust them. Could be anybody.

[alfredo]

45. the centers will be guarded by their "noble lies."

[Heidi]

6. Kicked

and nominated.

:kick:

[midnight]

7. I can see how this will work. Anyone they don't like will all of

a sudden be a enemy combatant.

[shanti]

14. right

and there won't be a damn thing you can do about it, IF anyone even knows where you are! :grr: :mad:

[sui generis]

19. an "unlawful" enemy combatant

personally I'd like to see what a "lawful enemy combatant" is. Kind of like the opposite of a "senseless killing".

[The Count]

8. Sooo...the "compromise" made it worse? Thanks, John McCain!

There are no words what kind of karma did you earn for yourself.

[Kagemusha]

9. I was tracking the law as it was being changed. Yes, changes made it worse

And I don't think much of John McCain for ensuring that would happen.

[Borgnine]

21. By the way, you've got the best signature ever.

That's a classic.

[pberq]

10. And how many Dems voted for this??????

[BonnieJW]

16. 12 Dems voted for it.

They are schmucks at the highest level. I can't remember the list of the 12; Landrieu (LA) was one and of course Ben Dover Lieberman was another.

[cosmicdot]

30. 12 Senators; 32 Representatives (7 Reps didn't vote)

high treason schmucks

how many 'I was for it before I was against it' moments might we see?

Carper (D-DE)
Johnson (D-SD)
Landrieu (D-LA)
Lautenberg (D-NJ)
Lieberman (D-CT)
Menendez (D-NJ)
Nelson (D-FL)
Nelson (D-NE)
Pryor (D-AR)
Rockefeller (D-WV)
Salazar (D-CO)
Stabenow (D-MI)

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00259

Andrews (NJ)
Barrow (GA)
Bean (IL)
Bishop (GA)
Boren (OK)
Boswell (IA)
Boyd (FL)
Brown (OH)
Chandler (KY)
Cramer (AL)
Cuellar (TX)
Davis (AL)
Davis (TN)
Edwards (TX)
Etheridge (NC)
Ford (TN)
Gordon (TN)
Herseth (SD)
Higgins (NY)
Holden (PA)
Marshall (GA)
Matheson (UT)
McIntyre (NC)
Moore (KS)
Peterson (MN)
Pomeroy (ND)
Ross (AR)
Salazar (CO)
Scott (GA)
Spratt (SC)
Tanner (TN)
Taylor (MS)

http://clerk.house.gov/evs/2006/roll508.xml

7 House Democrats did not vote


Case (HI)
Evans (IL)
Fattah (PA)
Lewis (GA)
Meehan (MA)
Strickland (OH)
Thompson (MS)

[BlueEyedSon]

11. How did those jerk-offs in congress let this happen?

I GUARANTEE this law will be abused.

[whistle]

13. 12 million plus Jean Valjeans

[nam78_two]

32. Funny -I was thinking of the same thing.../nt

[Blutodog]

18. Disgraceful

Any democrat that voted for this disgrace is just as bad a the REPIGS. I'm so pissed off at both my Demo. Senators here in NJ for voting for this travesty of justice I might sit out this election. What's the difference if a Repig gets the seat if the D is going just support Bu$h anyway?

[MCMetal]

20. The List of (Imbecilic) Dems

Carper (D-DE)
Johnson (D-SD)
Landrieu (D-LA)
Lautenberg (D-NJ)
Lieberman (D-CT)
Menendez (D-NJ)
Nelson (D-FL)
Nelson (D-NE)
Pryor (D-AR)
Rockefeller (D-WV)
Salazar (D-CO)
Stabenow (D-MI)


These GOP appeasing jackasses should be tried for complicity to treason ...........

[4dsc]

25. don't forget the house member too

We have democratic party members in the house too that voted for this dispicable act..

[aggiesal]

22. Article is incorrect to state that Habeas Corpus suspended for 1st time.

"The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

We are neither in a Cases of Rebellion nor we are not being Invaded.

Although I hate that fact that HC has been suspended, here is the history:
With Congress not in session until July, Lincoln assumed all powers not delegated in the Constitution, including the power to suspend habeas corpus, which he did
1) In 1862, when copperhead democrats began criticizing Lincoln's violation of the Constitution, Lincoln suspended habeas corpus throughout the nation.
2) In the early 1870s, President Grant suspended habeas corpus in nine counties in South Carolina,
3) Bush suspends Habeas Corpus on 10/17/06 thoroughout the country, for these he deems "Enemy Combatants" or supporting "Enemy Combatants".

Rumor has it that Franklin D. Roosevelt suspended Habeas Corpus during WWII. I have not found that he signed anything that suspended Habeas Corpus. Although interning Japanese-Americans just after Pearl Harbor could be constituted at suspending Habaes Corpus for those interned, I have not found anything signed with the mention that HC was suspended.
Maybe someone can correct me on this.

[requiem99]

23. But those were wartime, this is not

And I always chuckle when my PHD history professors say phrases like "...when the war on terror is over." It won't ever BE over. Don't they get it? It's like a war on starvation: SOMEONE IS ALWAYS GOING TO BE HUNGRY! SOMEONE IS ALWAYS GOING TO BE PISSED OFF AT THE ESTABLISHMENT AND TRY TO BLOW SHIT UP! It's humanity, and it's not ever going to completely change. Not even if the species lasts for 200 more years (which I doubt).

[aggiesal]

27. Same as the War on Drugs ...

This will never end. It is just a subjective vague name that as you state, "... won't ever BE over..."
Lincoln's suspension was during the Civil War.
What war was in 1870? Spanish/American War maybe?

Of course your PHD history prof's will say that this is also during war time, but the american public have not experienced what it is to be truely in war. There is no rationing, no invasion, no killings except of 9/11.

Please don't confuse this with condoning his actions, because believe me, I'm disgusted with all this.

[Crabby Appleton]

47. habeas was suspended for gitmo detainees

in public law 109-148 Section X Detainee Treatment Act of 2005 - 119 Stat 2740-2744 signed on 30 Dec 2005 and also detailed the appeal process to the US Court of Appeals for DC. The MCA 2006 modified it to include non-Gitmo detainees.

[aggiesal]

51. Thanks for the update

Did the law specifically mention suspending HC?
If it does, then the list should be updated.
If it is only implied, that would be the same as the Roosevelt condition, that I mentioned.

[Megahurtz]

24. O - M - G!!!

:wtf:

When, I say WHEN are we going to wake up from this nightmare???

[pinto]

26. Damn it. The sooner this gets challenged in court the better.

[Generator]

28. Stay away from America

I would warn anyone of that. You do not want to come here anymore. It's not worth the risk. America is no longer the promised land. It's a place to be feared.

[Lugnut]

29. Only 20 recs?

Unbelievable. This should be at the top of the page.

[nam78_two]

31. sigh k&r /nt

[Lochloosa]

39. Same.....damn

[Pawel K]

34. I've been a permanent resident in this country for over 12 years

and I am still a citizen of Poland, lets hope I don't disappear one day and you guys never hear from me again since you all know how I continue to provide support for all you terrorist lovers here at the DU.

[liberal N proud]

35. It is not a matter if they use it against a US Citizen but When

The regime will soon turn this on the people who dare stand up against their powers to squash any dissent.
:cry:
This is truly a sad time in American history

[Megahurtz]

40. Probably exactly why they're doing this.

:(

[geardaddy]

37. So doesn't that make the Bush Crime Family enemy combatants?

Since they funneled money to the Taliban?

[hootinholler]

38. This is not factual:

Although an American citizen can be arrested as an "enemy combatant," he or she can challenge the government's action in court.

Once branded a citizen has no more rights that anyone else under the law that was passed and signed.

We need to educate the latimes.

-Hoot

[BelgianMadCow]

46. DING DING DING hello LAtimes?

citizenship has nothing to to with being an enemy unlawful combatant.

Point. Reid said it clearly during the Senate debate, in his final minutes' worth of speech on the bill. It went unchallenged so it is true.

[Crabby Appleton]

48. LA Times is correct

This is the part of the MCA 2006 that modifies Habeas Corpus. Note the use of the word "alien" in (e)(1). The modification applies to alien enemy combatants; if you are not an alien enemy combatant then your habeas rights are not changed.

SEC. 7. HABEAS CORPUS MATTERS.

(a) In General- Section 2241 of title 28, United States Code, is amended by striking both the subsection (e) added by section 1005(e)(1) of Public Law 109-148 (119 Stat. 2742) and the subsection (e) added by added by section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477) and inserting the following new subsection (e):

(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

`(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.'.

(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.

[BelgianMadCow]

49. I do not think so

better try and find the actual bill. Got a link?

Also, that the rights of US citizens aren't changed in this paragraph (which is not from the last debated bill I believe, but from the friday compromise that was changed again over the weekend) doesn't say they aren't changed elsewhere.

[Crabby Appleton]

50. s.3930 is the final version

legistative history

Military Commissions Act of 2006 (Enrolled as Agreed to or Passed by Both House and Senate) as passed by both house and senate and signed by president and became Public Law No: 109-366

LA Times is correct

[John Gauger]

42. Let's not forget that the Administration reserves the right

to arbitrarily and summarily revoke citizenship from naturalized citizens. And I wouldn't put it past them to revoke a natural born citizen either.

[twaddler01]

52. This just makes me sick,....does anyone care out there???

:mad:

[anotherdrew]

53. WTF it applies to CITIZENS of the US too - LIE by omission n/t

[LetsThink]

54. A Strike at What Our Country is All About---- Basic Rights......